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Construct Land Development Improvements - Arata, Patricia J.; Morton, Benjamin; Filice, Joseph A.; Jiminez, Fernando A. ;. NO FEE per GC Sec. 6103 76913Z8 7351 Rosanna Street GilroYt California 95020 CITY OF GILROY ,.. En fOP,I'J.COHU elk fRE QU E s16~ I ~ i23l}\~ 1'1~~ ~.' v "'cOr,I):, o r' F i, C ~ "",:' \~ ~~"'" .:'\ .",_ .', : '\- '" AGREEMENT BY OWNER OR HIS SUCCESSORS.: IN I.NTE~'ES1\'t0 CONSTRUCT LAND DEVELOPt1ENT IM-PRQVJt~l'i;r~;:C:~;l(' EH \ ';:_ :{ \ r', -~.- L.\ ~ ~:~~6~ ~~~ Assessor's Parcel No. 799-33-026 Project Identification: This is an agreement between the City of GilroYt hereinafter referred to as "City" t and PATRICIA J. ARATA, BENJAMIN MORTON, SR., t,. I "\ t 1" V' JOSEPH A FILICE and FERNANDO A. JIMINEZ. hereinafter referred to as "Owner". WHEREASt Owner of the property described in Exhibit At wishes to defer construction of permanent improvements and City agrees to such deferment provided Owner (or Successor in interest) agrees to construct improvements as herein provided. NOWt THEREFOREt IT IS AGREED: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreementt together with the attached stipulationst is an instrument affecting the title or possession of the real property described in Exhibit A. All the termst convenants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon the sale or division of the property described in Exhibit At the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEI1ENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: These improvements and fees for Monterey Street and Eleventh Street are inappropriate at this time. (See attached Additional Stipulations.) B. Owner agrees to construct the following improvements on or adjacent to the property described on Exhibit A as well as required off site improvements in the manner set forth in this agreement: Improvements required by the City Department of Public Works as generally described below. (Cross out improvements that are not required.) 1. 2. 1. 4. 5. 6. 7. 8. 9. .r- Ia. 11. 12. 13. Curb and gutter. Sidewalks. Driveways. Street gradingt base and paving. Storm drainage facilities. Erosion control plantings and facilities. Electroliers. Underground conduit with wiring and pull boxes. Barricades and other improvements needed for traffic safety. Street trees and other improvements between the curb and property line. Street signs. Relocation of existing fencest signs and utilities. Payment of a pro rata share of the costs as determined by the Department of Public Works of a storm drain~ge or street improvements which has beent or is to bet provided by Owner and others where such facility benefits the property described in Exhibit A. NOTE: Fees are payable at the rate in effect at time of payment. 14. Engineering and inspection and plan check fees. 15. Sanitary sewage facilities. 16. Water system. -1- H 573 f~Gf 669 C. When the City Director of Public Works determines that the reasons for the deferment of the improvements as set forth in section 11 no longer exlstt he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners of the land as shown on the latest adopted county assessment roll. The notice shall describe the work to be done by owners t the time within which the work shall commence and the time within which the work shall be completed. All of any portion of said improvements may be required at a specified time. Each owner shall participate on a pro rata basis in the cost of the improvements to be installed. If owner is obligated to pay a pro rate share of a cost of a facility provided hy others, the notice shall include the amount to be paid and the time when payment must be made. III. PERFOID1ANCE OF THE WORK Owner agrees to perform the work and make the payments required by City as set forth herein or as modified by the City Council. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay city inspection fees. The work shall be done in accordance with city standards in effect at the time improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the City at least 48 hours prior to start of work. In the event CMner fails to construct any improvements required under this agreementt City maYt at its option do the work and collect all costs from Owner. Permission to enter onto the property of Owner is granted to City or its contractor as may be necessary to construct such improvements. IV JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with other property ownerst the City and other public agencies to provide the Improvements set forth herein under a joint cooperative plan including the formation of a local improvement districtt if this method is feasible to secure the installation and construction of the improvements. V REVIEW OF REQUIREMENTS If Owner disagrees with the requirements set forth in any notice to commence installation of improvements he shal1t within 30 days of the date the notice was mailedt request a review of the requirements by the City Council. The decision of the Council shall be binding upon both City and Owner. VI MAINTENANCE OF IMPROVEMENTS City agrees to accept for maintenance those improvements specified in Section II which are constructed and completed in accordance with City standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to provide any necessary temporary drainage facilitiest access roads or other required improvementst to assume responsibility for the proper functioning thereoft to submit plans to the appropriate City agency for reviewt if requiredt and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. VII BONDS Prior to approval of improvement plans by the CitYt Owner may be required to execute and deliver to the City a faithful performance bond and a labor and materials bond in an amount and form acceptable to City to be released by the City Council in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. VIII INSURANCE Owner shall maintaint or shall require any contractor engaged to perform the work to maintaint at all times during the performance of the work called for hereint a separate policy of insurance in a form and amount acceptabla to City. IX INDEMNITY The Owner shall assume the defense and indemnify and save harmless the CitYt its officerst agents and employeest from every expenset liability or payment by reason of injury "including death" to persons or damage to property suffered through any act or " omissiont including passive negligence or act of negligence, or botht of the Ownert his employeest agentst contractorst sub-contractorst or anyone directly or indirectly employed by either of themt or arising in any way from the work called for by this agreementt on any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacYt safetYt use or non-use of temporary drainage facilitiest the performance or non-performance of the work. This provision shall not be deemed to require the Owner to Indemnify the City against the liability for damage arising from the sole negligence or willful misconduct of the City or its agentst servants or independent contractors who are directly responsible to the City. . . 'fir 0( . H573 P.~GE670 IN WITNESS ~IEREOFt City has executed this agreement as of May 16, 1983 ATTEST: CITY OF GILROY 0flu~r~ r CITY CLERK ~.~ MAYOR APPROVED AS TO FORM // '\ ./ /' , / /' --' , ) .. ~ . : I '; " /.' ,<,..-. ,.' _' /,..t ' , ,.~,..c::' It / ..' ( {it} ;}I/' \ /L-I/ Ii <~ j .:.,,,-..- .' ...r' -'~\._, I -.\/'( i ';..-.' if , CITY ATTORNEY / IN WITNESS WHEREOFt Owner has executed this agreement as of April 28, 1983 :c~ .~ r, - . TO~MPORE / tIt or;~. , ',L_. ....~P--J (This document to be acknowledged with signatures as they appear on deed of title) to 1944 CA (8-74) } SS. H 5'73 P.~G[ 67~ "TITLE INSURANCE ==- AND TRUST (Individual) ',/. STATE OF CALIFORNIA Santa Clara COUNTY OF On A p r i 1 2 8, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Patricia J. Arata. Joseph A. Filice, Fernanp.o A. Jiminez and Benjamin Morton who proved to me on the basis of satisfactory evidence ,k~K~~ to be the perso~whose name S are subscribed to the within instrument and acknowledged that th ey executed the same. A TleOR COMPANY t ;and nine .lroYt 1Il 0:: 1Il :t 1Il .J D- o( ~ en and ~ . ~~~;;;~:.\~~' "'~t\;,;'::'.'.,:\,,"'~\::,,~",::;::: ~,..w: :~f'."'?':' ". i'(rl';'.'''''''I''''\'-:'''~'. : '."~'"'''''' ...) " . ""'..' '."" v.....'.' 1"')1" '''. j" ! .. C'. I . .. ". . .. n , , nt:f. ? SMiTH (,: /J P [, ,"n! " "1", \ y,' . v....., "". '. :. "fft..'Uy'l) My Cornm:ssicn E^~. M;Jr Le. 19B:' '..~~~...~,.~ ~ of f1cial rear in / I ~e-- (This area for official notarial seal) City Clerkt City of GilroYt State of California per Civil Code Sec. 1181; Government Code Sec. 40814 -3- ,rw- H573~GE672 r~ 1~~ Ln. ..---...-- / I ~ II ~ ~ ~ b / I v/~l;I ~r EXHIBIT A n~.' H S~a P,~GE 6~3 ADDITIONAL STIPULATIONS To the PATRICIA J. ARATA, BENJAMIN MORTON, SR., JOSEPH A. FILICE and FERNANDO A. JIMINEZ Deferred Development Agreement. 1. This agreement shall run with the land and be binding upon any successors in interest. 2. All of the improvements for the extension of Eleventh Street (both sides) will be required at the time of development of either Parcel No.1 or Parcel No.2. In the event that the City Council decides to abandon the extension of Eleventh Street from Garden Court to Monterey Street, the developer of either parcel, which- ever is developed first, will be required to remove (and/or) install improvements as required by the City Engineer. 3. At the time of development of Parcell, all the improve- ments for Monterey Street fronting both Parcel 1 and Parcel 2 will be required. 4. All deferred fees will be due with and will be payable at the rate In of payment. Approved Title: Date: